Judge: Socorro City Council member's term extensions illegal

Socorro City Attorney Jerry Wallace presents his case on the annexation plan Thursday before visiting Judge Stephen Ables. Ables ordered the Socorro City Council to call for an election in November for Districts 1, 2 and 3 and the removal of Jesus "Jesse" Gandara Jr. and Guillermo "Willie" Madrid Jr. from the council. (Mark Lambie / El Paso Times)

A state district court judge on Thursday ruled that the Socorro City Council violated state law when it extended terms for council members and the mayor in 2011 and ordered the removal of two council members.

Visiting District Judge Stephen Ables ordered council members to call for an election in November for Districts 1, 2 and 3, and he mandated the removal of Jesus "Jesse" Gandara Jr. and Guillermo "Willie" Madrid Jr. from the council.

Ables also voided the annexation ordinance, recently adopted by the council, that included parts of San Elizario.

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Aileen B. Flores

The ruling was a victory for the residents of San Elizario who were against the annexation plan that included a section of the unincorporated town.

Because Gandara and Madrid were two of the three council members who approved the annexation plan, the remaining council members will have to revisit the annexation issue if that is what they want to do, Ables said.

Ables' decision was made after El Paso county attorneys argued in court that members of council were unlawfully holding office and had exceeded their authority by annexing land.

In December 2011, Socorro council members approved an ordinance misapplying the provisions of Texas Senate Bill 100 extending their terms in office from three to four years.

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The County Attorney's Office argued that under the Texas Constitution, home-rule municipalities, like Socorro, that want to establish terms of office longer than two years must hold a charter amendment election.

The terms of former Mayor Trini Lopez, Gandara and Madrid were extended from May 2012 to November 2013, adding 18 months to their two-year terms. And the terms of Reyes, Rodriguez and Garcia were set to expire in November 2014 instead of in May, which would mean they would exceed four years in office. Lopez resigned in October saying he did not want to be in violation of the law.

The city has not had a mayor since he stepped down.

Lopez, who attended the hearing on Thursday, said he was happy to see that something was done to correct the actions of council.

"I resigned convinced that what council was doing was not right," he said. "I applaud the judge's decision, but the problem should have been addressed a long time ago."

Council members extended their terms and skipped an election cycle, the County Attorney's Office argued.

The County Attorney's Office said Socorro could have had elections for the mayoral seat, Madrid's and Gandara's seats in November 2012, but they did not despite the advice of state and county officials.

Madrid and Gandara stepped down in February after their terms in office were questioned, but they kept making decisions on the council.

Socorro attorneys argued in court that the ordinance to extend the terms was based on the provisions of Senate Bill 100.

Senate Bill 100 allows governments, other than counties, to change election dates to correspond with general elections held in November. The bill was created to comply with the federal Military and Overseas Voter Empowerment Act by enhancing the voting process for military and overseas voters who may encounter obstacles and time delays with the standard vote-by-mail process.

Socorro attorneys said Senate Bill 100 authorized the extension of the terms of office without a charter election. They said the state law superseded any city charter.

But in order to reform the city's actions, Ables removed Madrid and Gandara from office and decided that Reyes, Rodriguez and Garcia may continue to hold office until November.

Ables nullified the annexation plan that the council voted on in March. Socorro voted on the annexation plan despite Ables' temporary injunction.

"When the judge came out with his verdict, even though we weren't allowed to scream and shout, we all wanted to. We really do feel vindicated," said Maya Sanchez, an activist in San Elizario.

She said she was happy that justice prevailed.

Gandara and Madrid were not at the hearing on Thursday.

County Attorney Jo Anne Bernal said Ables' ruling is a victory for the people of San Elizario and Socorro.

"This lawsuit, from the beginning at the direction and suggestion of the County Commissioners Court, was to ensure that who ever was making the decisions in the city of Socorro was lawfully in office," she said after the hearing was over.

"With the ruling today (Thursday) as we go forward, we would see that the decisions that are made, whether they proceed with annexation or they don't, will be made by people who are lawfully in office," she added.

David Garcia, a spokesman for Socorro, said the City Council will have to decide whether it wants to appeal Ables' ruling.

David Garcia said the decision to void the annexation is a setback for the city.

"Socorro has been trying to get this annexation through, has been trying to work with the present City Council for almost six, seven months. So it takes back six, seven moths worth of work," he said.

Garcia could not say how much money the city spent in the annexation process.

County Commissioner Vince Perez, who represents the Lower Valley, said now it's up to the people of Socorro to elect leaders who would represent them the right way.

Madrid and Gandara are running for re-election May 11. The mayoral election will also take place that day.